Introduction to Historical Resources and Section 106

1. Introduction to Historical Resources and Section 106 Division of Historical Resources (DHR) NH Department of Cultural Resources State Historic Preservation Office (SHPO)

2. The Role of DHR inFederal Regulations • Any federally funded, licensed or permitted project requires consideration of historic resources under Section 106 of National Historic Preservation Act of 1966. Example for DES reviews: • Applies to minimum, minor and major projects. ("Look at General Requirement #7 on the SPGP Conditions")

3. General Conditions Related to National Concerns: (under the NH PGP) 7. Historic Properties. Any activity authorized by this PGP shall comply with Section 106 of the National Historic Preservation Act. Information on the location and existence of historic resources can be obtained from the New Hampshire Historic Preservation Office (See page 18) and the National Register of Historic Places. Project proponents shall apply to the Corps for all projects that would otherwise qualify for a Minimum Impact Project if there is the potential for an effect on a historic property within the permit area or any known historic property that may occur outside the permit area. Historic properties include those that are eligible for inclusion, but not necessarily listed on the National Register. If the permittee, during construction of work authorized herein, encounters a previously unidentified archaeological or other cultural resource within the area subject to Corps jurisdiction that might be eligible for listing in the National Register of Historic Places, he/she shall stop work and immediately notify the Corps and the New Hampshire Historic Preservation Office.

4. Federal AgenciesFUNDING OR PERMITTING HUD/CDBG USDA/NRCS/WMNF EPA FCC FHWA FDIC FERC GSA DHS USPS DOE NHARNG DOJ NHANG ACOE LWCF FAA NOAA/CZM FEMA US FISH & WILDLIFE DOD

5. State Regulations RSA 227-C for state permitted or funded. • Chapter 32, Laws of 1974 (RSA 227-C:1, 1974-1981) • Chapter 363, Laws of 1998 (RSA 227-C:1-a, 1998) • The legislature of New Hampshire has determined that the historical, archeological, architectural, engineering, and cultural heritage of New Hampshire is among the most important environmental assets of the state and that the rapid social and economic development of contemporary society threatens the remaining vestiges of this heritage; therefore, it is hereby declared to be public policy and in the public interest of this state to engage in a comprehensive program of historic preservation to promote the use and conservation of such property for the education, inspiration, pleasure, and enrichment of the citizens of New Hampshire.

6. RSA 227 C:9 • All state agencies, departments, commissions, and institutions shall fully cooperate with the division in the location, identification, evaluation and management of historic resources, and to that end shall provide the division with appropriate information on all state licensed, assisted, or contracted projects, activities, or programs so that the division may determine the effect of such undertakings on historic resources. • Upon a recommendation of the division that historic resources may be adversely affected, the commissioner shall conduct, or cause to be conducted, any necessary field investigations, subject to personnel and budgetary limitations. State agencies, departments, commissions, and institutions are authorized and encouraged to expend project funds or appropriated moneys for these field investigations. • When preparing to sell or transfer real property……

7. Section 106 ProcessSHPO, Federal Agency andProject Proponent Involvement • Initiation-defining the undertaking • Identification-identify listed NR properties or determine if surveys are necessary • Section 106 gives equal consideration to eligible or listed NR Properties

8. IdentifyingHistoricalResources • Using the DHR archaeological data base, the DHR checks the location of proposed development projects against the potential for an identified archaeological site. • Applicants are required to complete file research for the architectural resources/standing structures that may be present. • The DHR does not have a comprehensive inventory of all that exists in the state-above or below ground. • The DHR assesses site potential to yield historical resources (archaeological and/or standing structure).

9. Survey Documents • Phase I/II/III Archaeological Survey • Individual Inventory Form • Project Area Form • Town-Wide Area Form • Historic District Area Form

10. Section 106 ProcessSHPO and Federal Agency Involvement • Evaluation of Historic Properties-preparing documentation for potentially eligible properties and making determinations of eligibility • Determination of Effect-considers whether proposed undertaking would have an effect or an impact • Alter qualities of resource • Lead to neglect, deterioration, destruction or cause or result in transfer, lease or sale without preservation conditions.

11. Evaluation of EffectsSHPO and Federal Agency Involvement • DHR reviews findings of surveys conducted. • Archaeological surveys are conducted in Phases (Ia/Ib, II, and III) if necessary. • Inventory Forms are reviewed at a twice monthly Determination of Eligibility Meeting. Meetings are held on the second and fourth Wednesdays of the month.

12. Section 106 ProcessSHPO and Federal Agency Involvement with Project Proponent • Resolution of Adverse Effects • If adverse effects are identified, consultation continues to identify ways to achieve the project purpose and to avoid, minimize, or mitigate the effects, taking into consideration the values/significance/integrity of the property. • Mitigation may include avoidance, redesign, relocation, data recovery, documentation, public education or interpretation. • Completion-MOA • If consultation is successful an MOA is prepared-a legally binding document with stipulations that describe measures to avoid, minimize or mitigate effects. • Project sponsor and/or lead agency create document

13. Section 106 ProcessFederal Agency Responsibility • Consulting Parties- • One of the most important provisions within the regulations • Individuals with demonstrated interest in undertaking, local governments, tribes, applicants. • Regulations call for earlier and broader general public participation in the review process • This is intended to insure that people and entities most affected by federal projects have a stronger voice in decisions relating to them

14. What Is a Historical Resource? • A district, site, building, structure or object that is significant in the history, architecture, engineering, archaeology or culture of this state, its communities, or the nation.

17. Canterbury Shaker Village Landscape

18. Historic Archaeological Site

19. Property in Laconia

20. Class VI Road, Somewhere, NH

21. Homestead Woolen Mill Dam (Gone now)

22. Mill Complex reuse

23. Archaeological Mill Site in Pawtuckaway State Park

24. Historic Cemeteries

25. Historic Bridges

26. So, now what? In order for the DHR to uphold our review responsibilities we request that an applicant submit a Request for Project Review (RPR) Form. That form and a manual can be found on the Division’s website: www.nh.gov/nhdhr

28. What happens next? • After information is presented to DHR, the review process begins. • The DHR has 30 days to respond. • If the DHR does not have enough information to make an informed decision, a request will be made to provide additional documentation on the proposed undertaking and or project area.

29. Remember !

30. Historical Resources are non-renewable and endangered resources. When they are lost, they are lost forever!

31. Informationwww.nh.gov/nhdhr • Request for Project Review (RPR) Form • NH DHR Inventory and Area forms for standing structures • Information needed for Federal and State project review • Edna Feighner-Review and Compliance Coordinator • (603) 271-2813 • Nadine Peterson-Preservation Planner • (603) 271-6628 • Chris StLouis-Program Assistant • (603) 271-3558